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Full text of Jugde Nadine Allen's letter to Enquirer Editor Tom Callinan that demands a retraction. See below.]
CINCINNATI (TDB) -- A Cincinnati Enquirer story Nov. 15 about the unfolding bail bond scandal in the Hamilton County Clerk of Court's Office tries to shift blame for the $2.1 million mess from GOP officials to a Democratic Common Pleas Court judge. But the newspaper's reporting doesn't appear to stand up when measured against public records easily available in online court filings. In other words, the Enquirer swallowed hook, line and sinker a Republican contrived effort to discredit Judge Nadine Allen. The GOP spin looks to have made the Gannet Co. Inc. newspaper so dizzy it fell down on the job. Judge Nadine Allen intends to hold a press conference today -- which is an unusual move for a judge -- to point out gaping holes in the Cincinnati Enquirer's story. Here's what The Daily Bellwether has gleaned so far:
The Sunday story by Reporter Kimball Perry said $2.1 million in forfeited bail bonds has been uncollected by the clerk's office. It said Hamilton County is going to have to refund $105,000 to a bailbonding company because Judge Nadine Allen set aside a forfeiture last month. The story said the county doesn't have money available to pay back the bonding company. The story -- and this is really the guts of the slam against Nadine Allen -- reported the $105,000 forfeiture had been distributed to police and prosecutors. Truth is, that never happened. Court records show the county had a lien against the bonding firm and the criminal defendant who jumped bail. The lien represented an unpaid debt that had been on the books for three years. If the county had distributed the money, there would not be a lien because legal procedure requires the lien to be cancelled when a debt is paid off. It would be massive incompetence for the clerk's office to maintain liens against people who had cleared their debts.
Here's the Enquirer version with the disputed statements in bold face:
"In 2006, Ismial Salaam was arrested and jailed on drug charges. A judge set bond at $105,0000. A bond agent posted that bond. Salaam was released and told to show up in court. Instead, he ran. A judge ordered the $105,000 forfeited on June 12, 2007. That money was given to the prosecutors and the police department that arrested Salaam.
"Salaam then was arrested in June 2009. When he was brought to court, his bond agent asked for the return of the $105,000 bond. Common Pleas Court Judge Nadine Allen agreed on Oct. 6 and ordered the money returned to the bond agent. 'The money's spent,' [Assistant Prosecutor Mike] Florez said. 'I don't know how you're going to get it back.'"
Lien For Bail Bond
However, there is nothing to show the money has been spent. In fact, the records indicate it was never collected. You can look at the lien that was pending for three years. Additionally, The Daily Bellwether has a Nov. 19, 2009 computer printout prepared by the Clerk of Court's office that lists uncollected bail bond liens. The $105,000 is shown as an open debt. That means the money wasn't given to the police and prosectuors as the Cincinnati Enquirer reported. And it means that the Cincinnati Enquirer -- for some reason -- wrongly tried to make Judge Nadine Allen a player in the scandal.
[UPDATE: 2:43 pm -- Judge Nadine Allen has just finished her press conference. She is demanding a retraction and public apology from the Cincinnati Enquirer. The lawyer for the bail bonding company, Bradley Hoyt, was present and said that no money had been distributed to the police or prosecutors. Hoyt said no money had been collected from the bonding company by the clerk of court's office on the forfeited bond, therefore nothing was available to distribute. Hoyt said he had not been contacted by anyone from the newspaper prior to the story's publication. He said the portion of the story that referred to Judge Nadine Allen contained inaccurate information. The judge was drafting a written demand for the retraction. Her letter was addressed to the Cincinnati Enquirer's editor, Tom Callinan. In the letter, she says that the newspaper had damaged her reputation as a judge and published information with a "reckless disregard for the truth." She did not say she was considering legal action, but the wording was stern and could open the doors to a possible defamation claim.]
[UPDATE: 11/16/10, 9:49 AM -- Here's the letter Judge Nadine Allen has sent to Cincinnati Enquirer Editor Tom Callinan that demands a retraction:
"Tom Callinan
Editor & V.P./Content & Audience Development
The Enquirer/Cincinnati.Com
312 Elm Street
Cincinnati, OH 45202
"Dear Mr. Callinan,
"I write to you in response to your November 13, 2010 article, “Bond agents owe $2.1M,” reported by Kimball Perry. I request a public apology and retraction of the clearly false and misleading statements. The statements have caused damage to my reputation as a Hamilton County Common Pleas Judge. The article contained reckless statements that were made without regard for the truth.
"The article states that, 'A judge ordered the $105,000 bond forfeited on June 12, 2007.' It goes on to falsely claim, 'That money was given to the prosecutors and the police department that arrested Salaam.' This claim is false. No money was ever collected and no money was ever dispersed to the Prosecutor or the police department.
"The article singles me out, stating that, 'Common Pleas Court Judge Nadine Allen [...] ordered the money returned to the bond agent.' Again, this statement is false. No money was ever collected and no money was ordered to be returned to the bond agent.
"A simple review of the court records would have revealed that:
· No cash was deposited with the Clerk of Court by the bond agent, the bond agent’s insurance company, or the defendant;
· No cash or funds were disbursed to the Prosecutor’s office or the police;
· Dale Bernhard of the Hamilton County Prosecutors office stated, on the record before Judge Allen, that none of the forfeited bonds had been collected or disbursed.
"The Enquirer’s decision to single out me while not mentioning the other judges that have relieved a bond looks like an effort to smear my good reputation. Additional research would show that since 2009 at least three other Hamilton County Common Please Judges have relieved this same bond agent and insurance company of bond forfeiture judgments. I am willing to provide you the name of the other Judges, if you're interested.
"I eagerly await the retraction and a public apology.
"Judge Nadine Allen
"Hamilton County Court of Common Pleas"
So far, there does not appear to be any word from the newspaper about what action, if any, it will take. I have asked the judge to keep me posted. Stay tuned.]
_________________
Steve Faircloth
A Way Out Bail Bonds
(220) 204-9733 Cell
NSIN# SF0105
LIC. #704058
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